You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

Oil, Gas and Salt Resources Act
Loi sur les ressources en pétrole, en gaz et en sel

ontario REGULATION 245/97

EXPLORATION, DRILLING AND PRODUCTION

Historical version for the period April 11, 2018 to September 30, 2018.

Last amendment: 237/18.

Legislative History: 22/00, 75/04, 189/14, 471/17, 237/18.

This Regulation is made in English only.

CONTENTS

 

Definitions

1. In this Regulation,

“completion date” means the date on which a well is completed for regular production of oil or gas;

“development well” means a well that is drilled for the purpose of producing from or extending a pool of oil or gas into which another well has already been drilled;

“drill” means to use any method to bore or deepen a well;

“exploratory well” means a well that is drilled for the purpose of discovering a pool of oil or gas;

“pooled spacing unit” means a spacing unit in which all the various oil and gas interests have been pooled;

“pooling” means the joining or combining of all the various oil and gas interests within a spacing unit for the purpose of drilling and subsequently producing a well;

“private well” means,

(a) an unplugged well drilled for the purpose of oil or gas exploration or production on land of which the operator owns both the surface and mineral rights, and

(b) if oil or gas is produced from the well, the oil or gas,

(i) is for the operator’s private use,

(ii) is not used in relation to a business or commercial enterprise, and

(iii) is not sold by the operator;

“Provincial Standards” means the standards set out in “Oil, Gas and Salt Resources of Ontario Operating Standards”, published by the Ministry, as amended from time to time;

Note: On October 1, 2018, the definition of “Provincial Standards” in section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 237/18, s. 1 (1))

“Provincial Standards” means the standards set out in the document entitled “Oil, Gas and Salt Resources of Ontario Provincial Operating Standards”, published by the Ministry and available on a website of the Government of Ontario, as that document is amended from time to time;

Note: On October 1, 2018, section 1 of the Regulation is amended by adding the following definition: (See: O. Reg. 237/18, s. 1 (2))

“Provincial Standards for Compressed Air Energy Storage”  means the standards set out in the document entitled “Provincial Standards for Compressed Air Energy Storage Applications and Operations” published by the Ministry and available on a website of the Government of Ontario, as that document is amended from time to time;

“royalty interest” means the interest of an owner of oil or gas rights or the owner’s interest in the proceeds from the sale of the oil or gas in a situation where the owner has none of the cost of producing the oil or gas;

“spud”, with respect to a well, means the commencement of actual drilling of the well’s surface casing hole using a cable tool or rotary drilling rig, but does not include activities to prepare a site for drilling the well, including installing a conductor pipe;

“target area” means the area within a spacing unit that is allocated for drilling a well;

“TD date” means the date when the drilling of a well reaches the total depth of the well;

“tract”, except in sections 14 and 15,

(a) in the case of a standard 81 hectare lot, means a unit of area obtained by dividing the lot into eight equal rectangular areas of 10.12 hectares more or less and described by number in the manner set forth in the Schedule,

(b) in the case of a standard 40.5 hectare lot, means a unit of area obtained by dividing the lot into four equal rectangular areas of 10.12 hectares more or less and described by number in the manner set forth in the Schedule, and

(c) in the case of a lot that is not a standard 81 hectare or 40.5 hectare lot, means a unit of area obtained by dividing the lot into such equal areas as are approved by the Minister;

“waste”, in addition to its meaning as ordinarily understood in the oil and gas industry, includes,

(a) inefficient, excessive or improper use or dissipation of reservoir energy,

(b) locating, spacing, drilling, equipping, operating or producing of any well in a manner that causes or might cause a reduction in the quantity of oil or gas ultimately and economically recoverable from any pool,

(c) inefficient storage of oil or gas, whether on the surface or underground, and

(d) locating, spacing, drilling, equipping, operating or producing a well in a manner that causes or might cause unnecessary or excessive surface or subsurface loss of oil or gas whether the oil or gas is being produced or stored;

“working interest” means the operating interest under an oil and gas lease that is subject to all the costs of drilling, completion and operation under the lease.  O. Reg. 245/97, s. 1; O. Reg. 22/00, s. 1.

Note: On October 1, 2018, section 1 of the Regulation is amended by adding the following subsections: (See: O. Reg. 237/18, s. 1 (3))

(2) Subject to subsection (3), a project is prescribed as a compressed air energy storage project for the purposes of clause (b.1) of the definition of “well” in subsection 1 (1) and paragraph 5 of subsection 11 (1) of the Act if the project uses a well or will use a well,

(a) to access an underground salt cavern created by solution mining; and

(b) to inject, store or withdraw compressed air in the cavern for the purpose of producing electricity. O. Reg. 237/18, s. .1 (3).

(3) Any pipelines, equipment or surface structures used in association with a well described in subsection (2) that, upon leaving the well, are located beyond the emergency shutdown valves or, if there is no emergency shutdown valve, beyond the first isolation valve do not form part of the prescribed compressed air energy storage project. O. Reg. 237/18, s. 1 (3).

(4) Any pipelines, equipment or surface structures used in association with a well described in subsection (2) that, upon leaving the well, are located beyond the emergency shutdown valves or, if there is no emergency shutdown valve, beyond the first isolation valve are exempted from the definition of “work” in subsection 1 (1) of the Act. O. Reg. 237/18, s. 1 (3).

(5) Subsection (4) does not apply to any pipelines, equipment or surface structures used in association with the drilling, completion, maintenance, servicing, overhauling, working over, abandonment or decommissioning of a well or underground salt cavern. O. Reg. 237/18, s. 1 (3).

Provincial Standards

Note: On October 1, 2018, the Regulation is amended by adding the following section immediately after the heading “Provincial Standards”: (See: O. Reg. 237/18, s. 2)

1.1 Subject to section 2.1, a person who wishes to apply for a licence relating to a well under subsection 10 (1) of the Act or for a permit under subsection 11 (1) of the Act shall,

(a) prepare an application in accordance with the requirements set out in the Provincial Standards;

(b) conduct such consultations, provide such notices, and prepare and submit such reports of these activities as may be required in the Provincial Standards;

(c) submit the application to the Ministry in such manner or at such place as may be specified in the Provincial Standards; and

(d) ensure that the application is accompanied by such plans, studies, tests, evaluations, models, surveys, project descriptions and other information as may be specified in the Provincial Standards. O. Reg. 237/18, s. 2.

2. (1) Subject to subsection (2), operators of a work governed by the Act shall comply with the Provincial Standards.

Note: On October 1, 2018, subsection 2 (1) of the Regulation is amended by striking out “work” and substituting “work other than a work used in association with a compressed air energy storage project”. (See: O. Reg. 237/18, s. 3)

(2) An operator may depart from the Provincial Standards if it is reasonable to do so in the circumstances, the operator takes measures to prevent or limit damage that provide a standard of protection that is equal to the standard established in the Provincial Standards and, before departing from the standards, notifies the Ministry in writing of the intention to depart and the details and circumstances of the departure.

(3) An operator who departs from the Provincial Standards in accordance with the conditions set out in subsection (2) is not in contravention of subsection (1).  O. Reg. 245/97, s. 2.

Note: On October 1, 2018, the Regulation is amended by adding the following sections: (See: O. Reg. 237/18, s. 4)

Provincial Standards for Compressed Air Energy Storage

2.1 (1) A person who wishes to apply for a licence relating to a well under subsection 10 (1) of the Act that is part of a compressed air energy storage project or for a permit under subsection 11 (1) of the Act for such a project shall,

(a) prepare an application in accordance with the requirements set out in the Provincial Standards for Compressed Air Energy Storage;

(b) conduct such consultations, provide such notices and prepare and submit such reports of these activities as may be required in the Provincial Standards for Compressed Air Energy Storage;

(c) submit the application to the Ministry in such manner or at such place as may be specified in the Provincial Standards for Compressed Air Energy Storage; and

(d) ensure that the application is accompanied by such plans, studies, tests, evaluations, models, surveys, project descriptions and other information as may be specified in the Provincial Standards for Compressed Air Energy Storage. O. Reg. 237/18, s. 4.

(2) Any person who has entered into an agreement with the Independent Electricity System Operator for the operation of an energy storage facility in connection with a compressed air energy storage project before April 11, 2018 is not required to meet the requirements of subsection (1) with respect to an application for a licence relating to a well or for a permit for the project if the person applies for the licence or permit in accordance with subsection (3). O. Reg. 237/18, s. 4.

(3) The person referred to in subsection (2) shall apply for a licence relating to a well under subsection 10 (1) of the Act in connection with the compressed air energy storage project referred to in subsection (2) and for a permit under subsection 11 (1) of the Act for the project by submitting the following documents to the Ministry within 30 business days following the day O. Reg. 237/18 comes into force:

(a) well and cavern plans that address the design, recommissioning, operation, abandonment and decommissioning of any wells and caverns used in connection with the project;

(b) geotechnical, geological and geomechanical evaluations pertaining to the project;

(c) emergency management and emergency response procedures pertaining to the project;

(d) information pertaining to well corrosion for any wells used in connection with the project;

(e) hazard and operability analysis of the caverns, wellheads and piping used in connection with the project;

(f) information pertaining to the project site selection considerations and constraints;

(g) maps of the project’s location and surrounding area; and

(h) a report summarizing any consultation activities undertaken with respect to the project. O. Reg. 237/18, s. 4.

(4) Subject to subsection (5), operators of a compressed air energy storage project or a work used in association with such a project shall comply with the Provincial Standards for Compressed Air Energy Storage. O. Reg. 237/18, s. 4.

(5) An operator of a compressed air energy storage project or a work used in association with such a project may depart from the Provincial Standards for Compressed Air Energy Storage where:

(a) it is reasonable to do so in the circumstances;

(b) the operator takes measures to prevent or limit damage that provide a standard of protection that is equal to the standard established in the Provincial Standards for Compressed Air Energy Storage;

(c) a qualified person has certified in writing that the criteria in clauses (a) and (b) are met with respect to the details and circumstances of the proposed departure and the certification is provided to the Ministry; and

(d) the operator obtains prior written approval from the Ministry of the details and circumstances of the proposed departure.  O. Reg. 237/18, s. 4.

(6) For the purposes of clause (5) (c), a qualified person is a person who holds a licence or a temporary licence issued under the Professional Engineers Act or a person who possesses the qualifications, if any, set out in the applicable standard contained in the Provincial Standards for Compressed Air Energy Storage. O. Reg. 237/18, s. 4.

(7) An operator who departs from the Provincial Standards for Compressed Air Energy Storage in accordance with subsection (5) is not in contravention of subsection (4). O. Reg. 237/18, s. 4.

(8) An operator of a solution mining project in a salt cavern who intends to commence operating a compressed air energy storage project in the cavern must comply with any requirements in the Provincial Standards for Compressed Air Energy Storage that relate to the conversion of wells and caverns from solution mining to a compressed air energy storage project. O. Reg. 237/18, s. 4.

Well Licences

3. (1) A well licence expires on the first anniversary of its date of issue, if the well was not spudded before that date.

(2) The authority to drill that is granted in a well licence terminates on the earlier of,

(a) the TD date of the well; and

(b) the first anniversary of the date of issue of the licence.

(3) The authority to deepen a well that is granted in an amended well licence terminates on the earlier of,

(a) the TD date of the drilling to deepen the well; and

(b) the date specified as a condition on the amended well licence.

(4) If drilling is in progress on the date referred to in clause (2) (b) or (3) (b), the operator may continue drilling the well to its proposed total depth but such drilling shall not continue beyond the date that is 90 days after the date referred to in clause (2) (b) or (3) (b).

(5) An operator shall not drill or deepen a well beyond the depth permitted by the well licence unless the operator has applied for and obtained an amendment to the well licence permitting the new depth.

(6) An operator shall not drill a new deviated or horizontal well from an existing well unless the operator has applied for and obtained a well licence for the new well.

(7) The depth permitted by a well licence or amended well licence after the well’s TD date shall be deemed to be the depth of the well attained on the TD date unless the well is plugged back, in which case the depth permitted by the well licence or amended well licence shall be deemed to be the plugged-back depth.

(8) Where information on a well licence or amended well licence differs from the well licence information on file with the Ministry, the well licence information on file with the Ministry shall be deemed to be the correct well licence information.  O. Reg. 22/00, s. 2.

4. The holder of the well licence shall forthwith notify the Minister in writing of any change in the well’s drilling program and location supplied on the well licence application, the accompanying drilling program and the well location plan and shall not drill or continue drilling unless the Minister approves the change.  O. Reg. 22/00, s. 3.

5. (1) For the purposes of subsection 16 (4) of the Act, the amount that the holder of a well licence is required to pay to the Oil, Gas and Salt Resources Trust shall be determined in accordance with subsection (2) or (3) and shall be paid on or before February 15 of each year. O. Reg. 189/14, s. 1.

(2) The holder of a well licence who is licensed to operate a well described in Column 1 of the Table to this subsection shall pay to the Trust, for each well that he or she is licensed to operate, an amount that is equal to the amount set out in Column 2 of the Table opposite the type of well.

Table
Amount Payable

 

Item

Column 1

Type of Well

Column 2

Amount Payable

1.

Natural gas storage well

$250.00

2.

Observation well

$100.00

3.

Salt cavern storage well

$250.00

4.

Solution mining well

$250.00

5.

Brine producing well

$100.00

O. Reg. 189/14, s. 1.

(3) The holder of a well licence who is licensed to operate one or more wells of a type described in Column 1 of the Table to this subsection shall pay to the Trust, in respect of all the wells of that type that he or she is licensed to operate, an amount that is equal to the greater of $100.00 or the amount determined in the manner described in Column 2 of the Table opposite the type of well.

Table
Amount Payable

 

Item

Column 1
Type of Well

Column 2
Amount Payable

1.

Natural gas producing well

$0.15 for each 1000 cubic metres of natural gas produced from the wells operated during the previous calendar year

2.

Oil producing well

$0.50 for each cubic metre of oil produced from the wells operated during the previous calendar year

O. Reg. 189/14, s. 1.

(4) Despite subsection (3), if a natural gas producing well operated by the holder of a well licence produces natural gas that is not sold commercially but is produced for the licence holder’s sole use, the volume of natural gas produced from that well shall not be included in the calculations to determine the amount payable to the Trust under subsection (3). O. Reg. 189/14, s. 1.

6. Revoked:  O. Reg. 22/00, s. 4.

Registration of Works

7. (1) In this section,

“production facility” means any work used in association with a well to,

(a) produce oil or gas,

(b) store oil, gas or other hydrocarbons in a geological formation,

(c) dispose of oil field fluid in a geological formation, or

(d) conduct solution mining.

Note: On October 1, 2018, the definition of “production facility” in subsection 7 (1) of the Regulation is amended by striking out “or” at the end of clause (c), by adding “or” at the end of clause (d) and by adding the following clause: (See: O. Reg. 237/18, s. 5)

(e) conduct a compressed air energy storage project.

(2) The operator of a well shall notify the Minister within 15 days after any change in the following:

1. The name, address or telephone number of the operator, operator’s agent, if any, or any emergency contact persons.

2. The status of the well.

(3) The operator of a production facility shall submit to the Minister, within 30 days after completion of the production facility, a scaled drawing or map showing,

(a) the name, address and telephone number of the operator, operator’s agent, if any, and emergency contact persons;

(b) the location of each work in the production facility by tract, lot, concession and geographic township; and

(c) a list of the type, quantity and operating status of each work in the production facility, including storage tanks or pits, heaters, treaters, separators, compressors, flares and pipelines, and a brief description of the technical specifications of each such work.

(4) The operator of a production facility shall submit revised information to the Minister within 15 days after any change in the information required to be submitted by subsection (3).  O. Reg. 22/00, s. 4.

Spacing Requirements for Oil and Gas Wells — General

8. (1) This section applies to all oil or gas exploratory and development wells.

(2) Unless otherwise specified by the Minister, oil and gas well spacing units shall be comprised of,

(a) quarter tracts for wells drilled into but not below a formation of Devonian age; and

(b) whole tracts for wells drilled into or below a formation of Silurian age.

(3) No person shall,

(a) drill a well in a spacing unit that has not been pooled;

(b) produce oil or gas from a spacing unit that has not been pooled; or

(c) produce oil or gas from more than one well in a spacing unit.

(4) If an area is unitized by a voluntary agreement among the oil and gas interest owners within the area and the Minister agrees with the unitization, or if an area is unitized by an order of the Tribunal, the Minister shall revoke or amend any pooling conditions on licences for wells located in the unitized area, and may, as the circumstances of the unitized area warrant, do one or both of the following:

1. Waive the requirement under section 11 to establish spacing units.

2. If the unitized area is subject to a spacing order, amend the spacing order to remove the spacing units from the unitized area.  O. Reg. 22/00, s. 4; O. Reg. 471/17, s. 1.

Spacing Requirements for Oil and Gas Wells not Subject to a Spacing Order

9. (1) This section and section 10 apply only to oil or gas exploratory and development wells that are not subject to a spacing order of the Minister.

(2) An exploratory or development well that is drilled into but not below a formation of Devonian age shall be,

(a) in a spacing unit comprised of a quarter tract; and

(b) located within the target area not closer than 61 metres to any boundary of the spacing unit.

(3) An exploratory or development well that is drilled into but not below a formation of Silurian age shall be,

(a) in a spacing unit comprised of a whole tract; and

(b) located within the target area not closer than 107 metres to any boundary of the spacing unit.

(4) An exploratory or development well that is drilled into or below a formation of Ordovician age shall be,

(a) in a spacing unit comprised of two whole tracts that are,

(i) adjacent to each other, and

(ii) located within the same lot; and

(b) located within the target area not closer than 107 metres to any boundary of the spacing unit.  O. Reg. 22/00, s. 4.

10. (1) The Minister may issue a well licence for an exploratory well that is proposed to be drilled outside the target area if topographical, geological or other conditions make drilling a well within the target area unfeasible.

(2) If the Minister issues a well licence for an exploratory well under subsection (1), clauses 9 (2) (a) and (3) (a) and subclause (4) (a) (ii) do not apply to the well and the Minister shall specify the spacing unit for the well as a condition of the well licence.  O. Reg. 22/00, s. 4.

spacing order

11. (1) Any person having oil or gas rights in respect of a pool may apply to the Minister for an order to establish spacing units.

(2) If an operator discovers a pool of oil or gas on land and production of the oil or gas is possible, the operator shall apply to the Minister for an order to establish spacing units within 130 days after the TD date of the discovery well, unless otherwise instructed by the Minister.

(3) An application for a Minister’s order to establish spacing units shall be accompanied by,

(a) a plan of the land comprising the probable area of the pool showing,

(i) the location of the discovery well in relation to the boundaries of the land, roadways and topographical features of the area, and

(ii) the names of all persons having a working interest or a royalty interest in respect of the pool, the type of interest held by each and the property boundaries of each; and

(b) a technical report of,

(i) the geology of the discovery,

(ii) the type of reservoir,

(iii) the production and reservoir drainage capability of the discovery well and any subsequent well drilled into the pool, and

(iv) the geological and engineering rationale for the size and location of the proposed spacing units.

(4) The applicant shall send, by regular prepaid mail, notice of the application together with a copy of the plan of the land described in clause (3) (a) to the persons mentioned in subclause (3) (a) (ii) within five days after making the application.

(5) Except where the Minister has otherwise approved, no person shall drill a development well into a pool referred to in subsection (1) until a spacing order is issued.  O. Reg. 22/00, s. 4.

12. The Minister may establish spacing units in a water-covered area.  O. Reg. 22/00, s. 4.

Spacing Requirements for Oil and Gas Wells Subject to a Spacing Order

13. (1) This section applies only to oil or gas exploratory and development wells that are subject to a spacing order of the Minister.

(2) An exploratory or development well that is drilled shall be located in the target area of the spacing unit specified by the spacing order.

(3) The Minister may issue a well licence for an exploratory or development well that is proposed to be drilled outside the target area if topographical, geological or other conditions make drilling a well within the target area unfeasible.

(4) If the Minister issues a well licence for an exploratory or development well under subsection (3), subsection (2) does not apply to the well and the Minister shall specify the spacing unit and target area for the well as a condition of the well licence.

(5) The spacing unit and target area for a well specified on the well licence as provided in subsection (4) apply in respect of that well despite any spacing order, whether the spacing order was issued before or after the well licence was issued under subsection (4).  O. Reg. 22/00, s. 4.

Pooling Orders

14. (1) In this section and in section 15,

“tract” means an area of land, within an existing or proposed spacing unit or unit area, of which the ownership of the oil and gas rights is distinct from any other ownership of oil and gas rights within the spacing unit or unit area.

(2) A person having an oil or gas interest in a spacing unit may apply to the Tribunal for an order to pool the oil and gas interests within the spacing unit. O. Reg. 471/17, s. 1.

(3) An application to the Tribunal for a spacing unit pooling order pursuant to clause 8 (1) (a) of the Act shall include, for the spacing unit area proposed for pooling,

(a) a statement describing the purpose of the application;

(b) a description of the benefits to be achieved by pooling;

(c) a geographical and geological description;

(d) a reference map or maps showing the spacing unit, well locations and geophysical information;

(e) the names and addresses of all persons having an interest in oil and gas rights in each tract;

(f) a list showing the existing interest of each person for each tract;

(g) copies of all oil and gas agreements for each tract;

(h) a copy of the proposed oil and gas lease that would govern the relationship between the working interest owners and any surface rights owner and any mineral rights owner of an oil and gas interest who have not executed a petroleum and natural gas lease;

(i) the name of the proposed spacing unit operator;

(j) a copy of the agreement by which the various working interest owners will be governed with respect to operations, charges and credits for any operations in the spacing unit;

(k) a summary of the proposed allocation of costs and benefits for all the persons having an interest within the spacing unit;

(l) a listing of all persons having an oil and gas interest within the spacing unit who have executed the pooling agreement and those who have not;

(m) a copy of the pooling agreement governing the relationship between the working interest owners and the royalty interest owners; and

(n) a copy of the agreement governing the relationship between the working interest owners. O. Reg. 471/17, s. 1.

(4) A pooling order of the Tribunal shall include, to the extent that it is applicable to the issues being determined,

(a) the effective date of the order;

(b) a geographical and geological description of the pooled spacing unit;

(c) a plan of the pooled spacing unit showing its boundaries and the tracts within it;

(d) a summary showing the tract allocation of each party’s interest within the tract and the pooled spacing unit;

(e) a copy of the oil and gas lease that governs the relationship between the working interest owners and any surface rights owner and any mineral rights owner of an oil and gas interest who have not executed a petroleum and natural gas lease;

(f) the appointment of the initial operator;

(g) a copy of all agreements that will govern the relationship between the working interest owners with respect to operations, charges and credits;

(h) a statement of how the costs of the hearing are to be shared among the interested parties;

(i) a statement as to the duration of the order; and

(j) directions as to the notice to be given of the order.  O. Reg. 245/97, s. 14; O. Reg. 471/17, s. 1.

Unitization Orders

15. (1) In this section,

“participating section” means that portion of the unitized area from which oil or gas is produced;

“unit area or unitized area” means the geographical area and geological formations to which the unitization applies;

“unitize” means the joining of the various oil and gas interests within a field or pool, or a part of either, for the purpose of drilling and operating one or more wells and the apportioning of the costs and benefits of the drilling and operating, and “unitization” has a corresponding meaning.

(2) The Minister or any person with an oil or gas interest in a field or pool may apply to the Tribunal for a unitization order to join the interests within the field or pool, or a part of either, pursuant to clause 8 (1) (b) of the Act. O. Reg. 471/17, s. 1.

(3) The application shall include, for the proposed unit area,

(a) a statement describing the purpose of the application;

(b) a description of the benefits to be achieved by unitization;

(c) a geographical and geological description;

(d) any reference map or maps showing the proposed unit area, the tracts, well locations, geophysical information and pool or field boundaries;

(e) the names and addresses of all persons having an interest in oil and gas rights in each tract;

(f) a list showing the existing oil and gas interest of each person for each tract within the proposed unit area;

(g) copies of all title documents for each tract within the proposed unit area;

(h) a copy of the proposed oil and gas lease that would govern the relationship between the working interest owners and any surface rights owner and any mineral rights owner of an oil and gas interest who have not executed a petroleum and natural gas lease;

(i) a copy of the proposed unitization agreement that would govern the relationship between the working interest owners and the royalty interest owners;

(j) technical information relating to the proposed unit area;

(k) the name of the initial unit area operator;

(l) a list of the proposed tract allocation of costs and benefits for all the persons having an interest within the proposed unit area;

(m) a list of the working oil and gas interests within the proposed unit area that have and have not executed the unitization agreement and a list of all royalty interest owners within the proposed unit area that have and have not executed the unitization agreement;

(n) a method for equalizing the respective investments of the working interest owners;

(o) a method of allocating any produced oil or gas that may have been produced and saved but not marketed before the effective date of the unitization order; and

(p) a complete description of the geological, geophysical and other data used to interpret the pool boundary.

(4) A unitization order shall include,

(a) the effective date of the order;

(b) a geographical and geological description of the unit area;

(c) a plan of the unit area showing its boundaries, tracts and participating section;

(d) a summary showing the tract allocation of each party’s oil and gas interest within the tract and the unit area;

(e) a copy of the oil and gas lease that governs the relationship between the working interest owners and any surface rights owner and any mineral rights owner of an oil and gas interest who have not executed a petroleum and natural gas lease;

(f) a copy of the unitization agreement that will govern the relationship between the working interest owners and the royalty interest owners;

(g) the appointment of the initial unit area operator;

(h) a copy of all agreements that will govern the relationship between the working interest owners with respect to operations, charges and credits;

(i) an equalization schedule between the working interest owners for their respective investments within the unit area;

(j) an allocation schedule between the working interest owners for the distribution of oil or gas that has been produced and saved but not marketed before the effective date of the order;

(k) a statement of how the costs of the hearing are to be shared;

(l) a statement as to the duration of the order; and

(m) directions as to the notice of the order to be given.  O. Reg. 245/97, s. 15.

Security

16. (1) Every operator of a well shall establish security,

(a) in the amounts prescribed by this section; and

(b) in the form of a trust fund administered in accordance with the Trustee Act for the purpose of providing financial assurance that wells will be plugged and works completed in accordance with the Act and regulations and any order of the Board or the Tribunal.  O. Reg. 245/97, s. 16 (1); O. Reg. 471/17, s. 1.

(1.1) The trustee of a trust fund referred to in clause (1) (b) must be,

(a) a bank to which the Bank Act (Canada) applies;

(b) an insurance company, or a fraternal benefit society, to which the Insurance Companies Act (Canada) applies;

(c) an association to which the Cooperative Credit Associations Act (Canada) applies;

(d) a co-operative credit society incorporated by or under an Act of Ontario;

(e) a trust, loan or insurance corporation incorporated by or under an Act of Ontario;

(f) a brokerage firm incorporated or formed by or under an Act of Canada or of Ontario that is primarily engaged in dealing in securities, including portfolio management and investment counselling;

(g) an accountant licensed under the Public Accounting Act, 2004 who carries at least $2,000,000 of professional liability insurance; or

(h) a lawyer qualified to practise in Ontario who carries at least $2,000,000 of professional liability insurance. O. Reg. 22/00, s. 5 (1); O. Reg. 189/14, s. 2.

(1.2) The trustee of a trust fund referred to in clause (1) (b) shall not be the operator of any well that is secured by the trust. O. Reg. 22/00, s. 5 (1).

(2) A well licence shall not be issued to a person who has not established a trust fund in accordance with this section.  O. Reg. 245/97, s. 16 (2); O. Reg. 22/00, s. 5 (2).

(3) Subject to subsection (4), well security required for each operator is,

(a) $0 for each licensed oil well that is registered as part of an oil field having historical oil field status;

(b) $0 for each private well;

(c) $0 for each licensed hydrocarbon storage cavern well located on land as long as the operator owns both the surface rights and the mineral rights;

(d) $3,000 for each unplugged well located on land drilled to less than 450 metres in depth;

(e) $6,000 for each unplugged well located on land drilled to a depth greater than 450 metres but less than 800 metres;

(f) $10,000 for each unplugged well located on land drilled to a depth greater than 800 metres; and

(g) $15,000 for each unplugged well located in water covered areas. O. Reg. 245/97, s. 16 (3); O. Reg. 22/00, s. 5 (3).

(4) The maximum security required is,

(a) $70,000 for unplugged wells located on land; and

(b) $200,000 for unplugged wells located in water covered areas.

(5) Each operator shall maintain the prescribed security at all times.  O. Reg. 245/97, s. 16 (4, 5).

(6) The operator shall not adjust the security without the Minister’s consent.  O. Reg. 22/00, s. 5 (4).

(7) All well licences of an operator who allows the amount of well security to fall below the prescribed level are not valid.

(8) When establishing security, an operator shall ensure that the fund trustee,

(a) does not make any payments out of the trust fund without the written consent of the Minister; and

(b) follows the directions of the Minister with respect to payment out of the trust fund.

(9) The Minister’s directions to the trustee of an operator’s security trust fund are limited to directing payments to remedy a situation where a work represents a hazard to the public or environment or an operator does not properly plug a well or complete works in accordance with the Act and regulations or in accordance with an order of the Board or the Tribunal. O. Reg. 471/17, s. 1.

(10) If, no later than December 31, 1997, an operator of wells drilled before this Regulation comes into force submits a written request to the Minister in respect of the security of the wells, the Minister shall,

(a) allow the operator to establish prescribed security in 10 per cent annual increments starting on July 1, 1997 and ending with July 1, 2007; and

(b) return any deposit held by the Minister in respect of previous security deposit requirements for the wells.

(11) The Minister shall transfer to the trustee of the trust fund established by an operator all security held by the Minister under Regulation 915 of the Revised Regulations of Ontario, 1990 in respect of the operator.  O. Reg. 245/97, s. 16 (7-11).

Well Control and Blowout Prevention

17. (1) An operator of a well that is being drilled, tested, completed, stimulated, serviced, overhauled or worked over shall provide casing and blowout prevention equipment and maintain it in such condition that any oil, gas or water encountered can be effectively controlled.

(2) The operator shall ensure that blowout prevention equipment is adequate, having regard to the depth to which the well will be drilled, the expected pressure and the need, in case of blowout, for shutoff of the open hole or around any equipment used in the well.  O. Reg. 245/97, s. 17.

(3) The operator shall ensure that the well does not flow uncontrolled.  O. Reg. 22/00, s. 6 (2).

Water Covered Areas

18. (1) In this section,

“well” means a well in a water-covered area.

(2) A well licence shall not be issued to a person who does not furnish proof that the person has liability insurance of at least $5,000,000 per occurrence that provides compensation for all damage caused by drilling, pipeline construction, production, servicing or abandonment operations or caused by any vessel, craft or barge used to transport people or materials to the site of the drilling, pipeline construction or production operations.  O. Reg. 245/97, s. 18.

Plugging Dry or Unused Wells

19. The operator of a dry oil or gas well or a well that is no longer used shall plug it as soon as practical and, in any case, within 12 months after it is determined to be dry or is taken out of use.  O. Reg. 245/97, s. 19.

Protection of Designated Gas Storage Area

20. No person shall complete, service or otherwise perform work of any kind on a well within 1.6 kilometres of a gas storage area designated by the Ontario Energy Board pursuant to the Ontario Energy Board Act if the performance of such work will or is likely to fracture the storage reservoir situated within the designated area or to result in communication with it.  O. Reg. 245/97, s. 20.

Release of Information

Note: On October 1, 2018, the Regulation is amended by adding the following section immediately after the heading “Release of Information”: (See: O. Reg. 237/18, s. 6)

20.1 (1) Subject to subsections (2) and (4), an applicant for a licence for a well under subsection 10 (1) of the Act or for a permit under subsection 11 (1) of the Act who is required to disclose application documents as part of a consultation process required by the Provincial Standards or the Provincial Standards for Compressed Air Energy Storage, may disclose those documents in a format that removes or otherwise conceals any information contained within those documents related to a trade secret or scientific, technical, commercial or financial information supplied in confidence to the Ministry, the release of which could reasonably be expected to,

(a) prejudice significantly the competitive position of the applicant or interfere significantly with the contractual negotiations of the applicant; or

(b) result in undue loss or gain to the applicant or another person. O. Reg. 237/18, s. 6.

(2) An applicant who wishes to remove or otherwise conceal information in application documents in accordance with subsection (1) shall obtain the Ministry’s prior written approval to do so by submitting the documents in the format it wishes to use for the consultation process and identify the redacted information to the Ministry. O. Reg. 237/18, s. 6.

(3) The Ministry shall give its approval if it determines that the information that is to be removed or otherwise concealed in the documents meets the criteria set out in subsection (1). O. Reg. 237/18, s. 6.

(4) Despite subsections (1) and (2), the Ministry may refuse to approve the removal or concealment of information where,

(a) a compelling public interest in the disclosure of the information clearly outweighs the removal of information from the documents; or

(b) the documents are to be shared with a ministry of the government of Ontario or an agency, board, commission, corporation or other body designated as an institution in a regulation made under the Freedom of Information and Protection of Privacy Act. O. Reg. 237/18, s. 6.

21. (1) Scientific, technical, commercial or financial information of an operator that the Ministry obtains from the operator and that the Ministry records shall not be released except in accordance with this section unless the operator consents in writing to its release where its release is prohibited under subsection (2) or to its release at an earlier date as provided in this section.

Note: On October 1, 2018, subsection 21 (1) of the Regulation is amended by adding “by the Ministry” after “released”. (See: O. Reg. 237/18, s. 7)

(2) The following information shall not be released:

1. An operator’s pool studies and reserve estimates.

2. Reserve estimates unless published or submitted at a public hearing.

3. All information submitted to the Minister not required by this Regulation to be submitted, obtained at extra expense to the operator and requested to be held confidential.

4. Third party oil and gas reports required by the Provincial Standards.

5. An operator’s monthly and annual solution mining production data.

Note: On October 1, 2018, subsection 21 (2) of the Regulation is amended by adding “by the Ministry” after “released”. (See: O. Reg. 237/18, s. 7)

(3) The following information on a well classified by the Minister as an exploratory well shall be held confidential for one year after its TD date:

1. Connate water determinations and other liquid saturation measurements.

2. Drill-stem test data.

3. Core analyses.

4. Oil, gas and water, and pressure-volume-temperature analyses.

5. Static top hole or bottom hole pressure data.

6. Flowing and other special bottom hole pressure data gathered by the Ministry.

7. Back pressure test data.

8. Perforations, well treatments, cored intervals and abandonment details.

9. Logs except those logs obtained solely for geophysical purposes.

10. Geological markers.

11. Drill cutting samples and core and information from drill cutting samples and core preserved by the Ministry.

Note: On October 1, 2018, subsection 21 (3) of the Regulation is amended by adding “by the Ministry” after “confidential”. (See: O. Reg. 237/18, s. 7)

(4) The following information on a well classified by the Minister as a development well shall be held confidential for at least 30 days after the TD date of the well and, in any event, shall not be released before the release of information respecting the discovery well:

Note: On October 1, 2018, subsection 21 (4) of the Regulation is amended by adding “by the Ministry” after “released” and by adding “by the Ministry” after “confidential”. (See: O. Reg. 237/18, s. 7)

1. Connate water determinations and other liquid saturation measurements.

2. Drill-stem test data.

3. Core analyses.

4. Oil, gas and water and pressure-volume-temperature analyses.

5. Static top hole or bottom hole pressure data.

6. Flowing and other special bottom hole pressure data gathered by the Ministry.

7. Back pressure test data.

8. Perforations, well treatments, cored intervals and abandonment details.

9. Logs, except those logs which in the opinion of the Minister, are obtained solely for geophysical purposes.

10. Geological markers.

11. Drill cutting samples and core and information from drill cutting samples and core preserved by the Ministry.

(5) The following information shall be held confidential for one year after the date of receipt by the Ministry:

1. Daily production rates.

2. Secondary recovery data for individual wells or systems.

Note: On October 1, 2018, subsection 21 (5) of the Regulation is amended by adding “by the Ministry” after “confidential”. (See: O. Reg. 237/18, s. 7)

(6) The following information is not confidential:

1. Applications and submissions presented at a public hearing.

2. Monthly and annual oil and gas production data.

3. Oil field fluid disposal data for individual wells or systems.

4. Storage data for gas, liquified petroleum gases, or refined petroleum products.

(7) Logs that are obtained solely for geophysical purposes shall be held confidential for 24 months after the date of logging.

Note: On October 1, 2018, subsection 21 (7) of the Regulation is amended by adding “by the Ministry” after “confidential”. (See: O. Reg. 237/18, s. 7)

(8) Subsections (3) to (7) are subject to section 17 of the Freedom of Information and Protection of Privacy Act to the extent that disclosure must be refused under that section.  O. Reg. 245/97, s. 21.

Work Tags

22. A tag attached to a work under section 7 of the Act shall be in a form approved by the Minister.  O. Reg. 22/00, s. 7.

Examiners

23. (1) If the Minister is satisfied that a person has the necessary skills and knowledge to examine a work, he or she may issue a certificate to the person evidencing that the person is approved for that purpose in accordance with the classes of certificates set out in this section.

(2) A Class I examiner may examine wells with respect to used casing, cement quality, isolation of porous zones, cement tops, well control equipment and well plugging.  O. Reg. 245/97, s. 23 (1, 2).

(3) A Class II examiner may examine works with respect to oil and gas production and disposal wells.  O. Reg. 22/00, s. 8 (1).

(4) A Class III examiner may examine works with respect to solution mining.

(5) A Class IV examiner may examine works with respect to the storage of hydrocarbons.

Note: On October 1, 2018, section 23 of the Regulation is amended by adding the following subsection: (See: O. Reg. 237/18, s. 8)

(5.1) A Class IV examiner may examine works with respect to a compressed air energy storage project except for the works specified in subsection (2). O. Reg. 237/18, s. 8.

(6) A Class V examiner may examine works with respect to pipelines.

(7) Within 10 days after conducting an examination, the examiner shall report the results to the Ministry and the operator on the form provided by the Ministry.  O. Reg. 245/97, s. 23 (4-7).

(7.1) Subsection (7) does not apply to examinations required to be conducted by the Provincial Standards on a daily or weekly basis.  O. Reg. 22/00, s. 8 (2).

(8) The Minister may cancel an examiner’s certificate.  O. Reg. 245/97, s. 23 (8).

24. Omitted (revokes other Regulations).  O. Reg. 245/97, s. 24.

Schedule
tracts

Insert regs\graphics\1997\245\245fg01u.tif

Image of method of dividing standard lots of 81 and 41 hectares into equal rectangular tracts and numbering of the tracts.

O. Reg. 22/00, s. 9.